Fillmore Municipal Code Ch. 12.15 Enforcement

The enforcement remedies available to the city under the provisions of this title are nonexclusive and may be asserted singly or cumulatively or in any combination and in addition to any other remedy available to the city under law.

(Ord. 625 § 1 (part), 1989)

Discharges of wastewater in violation of the provisions of this title or of any order issued by the city manager as authorized herein are declared a public nuisance. The city manager has the authority to take action to correct immediately and effectively, or to abate, a public nuisance and may seek to enjoin such discharges by order of court.

(Ord. 625 § 1 (part), 1989)

The city may require compliance with permit conditions and limitations, or any provision of this title, by issuing administrative orders that shall be enforceable by action at law (See Sections 12.05.010 and 12.05.020).

(Ord. 625 § 1 (part), 1989)

(a) Notice of Violation. When the city manager finds that a discharge to the sewerage system has taken place in violation of the prohibitions, limitations, requirements or provisions of this title or the conditions of an industrial wastewater discharge permit, the city manager shall issue a notice of violation to the user (See Section 12.12.080).

(b) Cease and Desist Orders. When the city manager finds that after the issuance of a notice of violation, a discharge of wastewater has taken place in violation of the prohibitions, limitations, requirements or provisions of this title or the conditions of an industrial wastewater discharge permit or upon a plan approval related thereto, the city manager may issue a cease and desist order and direct that those persons:

(1) Comply immediately; or

(2) Comply in accordance with a compliance schedule devised by the city manager (See Sections 12.12.050 and 12.12.080).

(c) Termination of Service Order. The city manager may revoke any industrial user's industrial wastewater discharge permit or terminate wastewater or water service to any premises if any discharge of pollutants presents, or may present an endangerment to the environment or the operation of the sewerage system. The user shall be given written notice of the proposed termination at least twenty-four hours before action to terminate waste water or water service and shall have a reasonable opportunity to respond. Should service be terminated, all costs for terminating and for reinstating service shall be paid by the user before any reconnection is made (40 CFR 403.8(f)(1)(v)(b)).

(d) Emergency Noncompliance Authority. The city manager has the authority to take necessary measures (informal notice will suffice) to halt immediately and effectively or to prevent any discharge of materials to the sewerage system which reasonably appears to present an imminent danger to the system, city personnel or the health, safety and/or welfare of the public. (40 CFR 403.8(f)(1)(vi)(b)).

(Ord. 625 § 1 (part), 1989)

(a) Injunction. Whenever a discharge of wastewater is in violation of the provisions of this title, the city may petition the Superior Court for the issuance of a temporary restraining order or a preliminary injunction, or any or all of these, as may be appropriate, to restrict the continuance of such discharge.

(b) Civil Penalties. Any person who violates any pretreatment standards, requirements or other provisions of this title or who, due to a hazardous or toxic discharge, causes damage to the sewerage system, its operation, or personnel, shall be liable for a civil penalty not to exceed ten thousand dollars for each day such violation occurs. The city attorney, at the direction of the city council, shall petition the Superior Court to impose, assess and recover such penalties.

(c) Criminal Penalties. Any person who violates any prohibition, limitation, requirement or provision of this title is guilty of a misdemeanor (See Chapter 1.08).

(Ord. 625 § 1 (part), 1989)

If the city manager finds that any person has discharged waste or wastewater into the sewerage system in violation of the provisions of this title, or of the user's industrial wastewater discharge permit, and that such discharge caused increased operating costs or diminished the efficiency of the treatment process, the city manager shall estimate the value of the damage and add that sum to the offending user's next regular sewer service billing. The city manager shall consider, among other things, the following:

(a) The cost of repairs to the sewerage system;

(b) The depreciation of the system due to damages not repaired;

(c) The extra operating costs; and

(d) The value of the loss of wastewater treatment plant operating efficiency, based upon the city's normal operating costs and the extent to which the performance of the plant was reduced below normal as a result of such improper discharge to the sewer.

All charges made pursuant to this section are due and payable upon receipt of notice thereof. All such charges shall become delinquent fifteen days after mailing notice thereof to the mailing address of the discharger. This remedy is nonexclusive and may be asserted in addition to any other remedy available to the city under law. Payments for such charges not received by the city within fifteen days after mailing notice thereof shall be subject to a penalty to be set by ordinance. Unpaid charges shall also accrue interest at the legal rate beginning on the sixteenth day after mailing of the notice.

(Ord. 625 § 1 (part), 1989)

Any person who knowingly makes any false statement or representation, or certifies in any application, record, report, plan or other document filed or required to be maintained pursuant to this title or to an industrial wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this title, is guilty of a misdemeanor (See Sections 12.05.010 and 12.0.020).

(Ord. 625 § 1 (part), 1989)